You may need a divorce, but are you able to prove it?

If you live in Oklahoma and think you may need to end your marriage, you will need to give the court a valid reason. According to the Oklahoma Bar Association, under Oklahoma law, a court of competent jurisdiction may authorize a divorce only upon lawful grounds. If you petition the court for divorce upon insufficient grounds, the law empowers a judge to make decisions that affect your marriage status, your children and your property. 

A no-fault divorce, which is available in Oklahoma, relies upon a claim that the marriage should end because the parties are incompatible. The law may consider a couple to be incompatible because of irreconcilable differences. 

When a person seeks a no-fault divorce, that person files a petition with a claim of incompatibility made as an allegation. The other spouse who must respond to the petition, referred to as the “respondent,” may disagree about the reason for the divorce. This disagreement can lead to complications and further litigation by one or both parties. 

Other reasons may serve as sufficient grounds for divorce, so long as the petitioner proves them or the respondent agrees to them. Other grounds for divorce in Oklahoma include adultery, extreme cruelty, impotence, criminality, alcoholism, insanity, incarceration and abandonment. 

Divorce is a serious matter under Oklahoma law. You can only end your marriage for an objectively good reason, and only a judge can issue an order legally ending the marriage. 

This information is provided for educational purposes; therefore, you should not interpret this information as legal advice. This information does not constitute legal counsel.